In 2021, CCTV footage revealed that a Moroccan asylum seeker, referred to as Mr. A, had repeatedly been subjected to a cruel restraint technique known as “shrimp bending” (saeu-kkeokgi) at the Hwaseong Immigration Detention Center in Gyeonggi Province, South Korea. The case brought widespread public attention to the conditions inside South Korea’s immigration detention facilities and the human rights issues they raise. On September 29, 2021, more than 400 civil society organizations, including the Refugee Human Rights Network and the Hwaseong Immigration Detention Center Visitor Citizens’ Group (Majung), held a joint press conference in front of the National Human Rights Commission of Korea (NHRCK) calling for a full investigation and concrete remedial measures.

How the Case Unfolded

Mr. A had entered South Korea to apply for refugee status, but in March 2021 he received a forced deportation order and was placed in the Hwaseong Immigration Detention Center. After conflicts with staff arose when he requested medical treatment, he was repeatedly placed in solitary confinement. Staff placed Mr. A in solitary confinement a total of 18 times over 63 days, during which he was subjected to the shrimp-bending technique on multiple occasions.

What Is “Shrimp Bending”?

Shrimp bending is an abusive restraint method in which handcuffs and rope bindings are used to tie a person’s hands and feet behind their back and then connect the two together, forcing the body into a backward arch resembling a shrimp. Mr. A was left in this fully bound position in solitary confinement on multiple occasions, for periods ranging from as little as 20 minutes to more than 4 hours. Staff used equipment with no legal basis for such use, including ankle shackles, cable ties, and packing tape.

The Ministry of Justice’s Response and Its Problems

When the detention center’s actions came under scrutiny, the Ministry of Justice distributed a press explanation that included still images captured from CCTV footage showing Mr. A. This disclosure was itself later found to be unlawful.

The joint press conference statement responded to the Ministry of Justice’s claim that the measures had been “protective actions to prevent self-harm” in these words: “There is no person in the world who deserves to be treated this way. Even in prisons, no matter how serious the crime, torture of this kind is not inflicted on anyone so repeatedly and habitually.”

Court Rulings

In May 2024, the Seoul Central District Court ruled in a damages lawsuit brought by Mr. A against the state, finding that “using restraints in the shrimp-bending manner not only causes substantial physical pain to the detainee but is an inhumane measure that violates the minimum dignity owed to every human being,” and ordered compensation of 10 million won (approximately USD 7,500). On appeal, a higher court increased the award to 11 million won (approximately USD 8,200).

Structural Problems in Immigration Detention

This case is not simply an isolated incident. It exposes systemic problems in South Korea’s immigration detention system as a whole.

  • Indefinite detention: Article 63, Paragraph 1 of the Immigration Control Act sets no upper limit on the length of detention, making it possible to hold people subject to deportation orders for an unlimited period. This provision has also been used to justify the detention of children and the prolonged detention of asylum seekers.
  • No judicial oversight: No independent neutral body or judicial authority is involved at any stage of initiating or extending detention. This violates detainees’ right to personal liberty, the principle of due process, and the Constitution.
  • What lies behind the word “protection”: Immigration detention facilities are legally classified as “protection” facilities, an administrative procedure rather than criminal punishment. In practice, however, they operate through surveillance and sanctions in ways that differ little from ordinary prisons. Aggressive enforcement and deportation policies continue, and even after the abuse case prompted repeated calls for reform, authorities pressed ahead with introducing restraint equipment capable of full-limb binding.

What Civil Society Is Demanding

At the September 29, 2021 press conference, more than 400 civil society organizations made four demands of the South Korean government:

  1. Immediate release: Release Mr. A, a survivor of torture, from detention without delay.
  2. Accountability and full investigation: Identify and punish those responsible for the unlawful acts committed throughout the series of human rights violations and establish the full facts.
  3. Official apology and prevention of recurrence: The director of the Hwaseong Immigration Detention Center and the Minister of Justice must issue a formal apology and put concrete measures in place to prevent a recurrence.
  4. Systemic reform: Examine the reality of indefinite detention and the poor conditions in immigration detention facilities and develop meaningful improvements.

Mr. A’s statement at the press conference was read on his behalf by a survivor of the fabricated spy case involving ethnic Korean students from Japan,

and a ruling-party member of the National Assembly also spoke in solidarity.

Developments Since Then

Even after the state compensation ruling, reports of human rights violations at the Hwaseong Immigration Detention Center have continued. In November 2024, an incident in which a social service worker

used physical force against a detainee led to yet another damages lawsuit. Civil society organizations continue to call for a constitutional ruling striking down Article 63, Paragraph 1 of the Immigration Control Act and for comprehensive structural reform of the detention center system.

If you have questions about immigration detention or refugee-related rights, you can call the Immigration Contact Center (1345) or visit your nearest Korea Immigration Service office. Relevant laws and policies are subject to change, so please always check for the most up-to-date information.